HomeMy WebLinkAboutORD 1400 ORDINANCE NO. 1400
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER '
127, MEDICAL AND ADULT USE COMMERCIAL
CANNABIS, OF TITLE XI, BUSINESS REGULATIONS TO
THE CITY OF BALDWIN PARK MUNICIPAL CODE
WHEREAS, the City of Baldwin Park ("City") and Baldwin Park Municipal Code
(BPMC) currently does not allow medical and adult commercial cannabis cultivation,
manufacturing, and distribution uses; and
WHEREAS, since early 2017, in several City Council Study Sessions, there has
been discussion about amending the City's Municipal Code to allow and regulate
Cannabis Cultivation, Manufacturing and Distribution uses within the City of Baldwin
Park, provided development standards and a Development Agreement are included;
and
WHEREAS, the City of Baldwin Park held five (5) educational and public
outreach sessions at various locations throughout the City to bring awareness to the
community; and
WHEREAS, the educational and public outreach sessions were held at the
Baldwin Park Senior Center, the Baldwin Park Performing Arts Center, and the Baldwin
Park Arts and Recreation Center; and
WHEREAS, each educational and public outreach session had speakers from
the City as well as industry experts who presented information and were available to
answer any questions; and
WHEREAS, Sections 153.120.330.0 and 153.120.330.D should be deleted
because they are in conflict with the proposal to allow Medical and Adult Cannabis
Cultivation, Manufacturing and Distribution uses as proposed; and
WHEREAS, Section 15061(b)(3) of Chapter 3, Title 14 of the California Code of
Regulations (the "CEQA Guidelines") describes the general rule that CEQA only applies
to projects which "have the potential for causing a significant effect on the environment";
where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA;
and zoning regulations do not constitute the approval of any development project, and
will therefore not result in any physical change in the environment; and
WHEREAS, on August 9, 2017, after conducting a properly noticed public
hearing, the Planning Commission adopted Resolution No. PC 17-13 recommending
that the City Council update the BPMC as it pertains to Medical and Adult Cannabis
Cultivation, Manufacturing and Distribution Uses; and
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Page 2
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 127, Medical and Adult Use of Commercial Cannabis, of
Title XI, Business Regulations shall hereby be added to the Baldwin Park Municipal
Code as follows:
CHAPTER 127. Medical and Adult Use Commercial Cannabis
127.01: Purpose
A. The purpose of this chapter is to regulate all commercial cannabis activity
in the City of Baldwin Park, as defined in Section 26000 et seq. of the California
Business and Professions Code, to the extent authorized by state law and in a manner
designed to minimize negative impact on the City, and to promote the health, safety,
morals, and general welfare of residents and businesses within the city.
B. This article is further adopted and established pursuant to the specific
authority granted to the City of Baldwin Park in Section 7 of Article XI of the California
Constitution and Section 26000 of the California Business and Professions Code. These
regulations shall govern all commercial cannabis activity that occurs within the
jurisdiction of the City.
127.02: Definitions
Unless otherwise defined herein, the terms in this article shall have the same
meaning as set forth in the MAUCRSA ("Medicinal and Adult-Use Cannabis Regulation
and Safety Act") and any rules promulgated under it. In addition, the following terms
shall be defined as follows:
A. "Adult-Use Cannabis" means the use of cannabis for creational purposes
as distinguished from cannabis for medicinal purposes.
B. "Adult-Use Cannabis Licensee" has the same meaning as that term "A-
licensee" as defined by Section 26001(f) of the California Business and Professions
Code.
C. "Applicant" has the same meaning as that terms is defined by Section
26001(c) of the California Business and Professions Code.
D. "Cannabis" has the same meaning as that terms is defined by Section
26001(f) of the California Business and Professions Code.
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E. "City" means the City of Baldwin Park, California.
F. "Chief Executive Officer" shall mean the Chief Executive Officer of the City
or a duly authorized designee.
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G. "Code" means the Baldwin Park Municipal Code.
H. "Commercial cannabis activity" has the same meaning as that term is
defined by Section 26001(k) of the California Business and Professions Code.
I. "Cultivation site" has the same meaning as that term is defined by Section
26001(m) of the California Business and Professions Code.
J. "Day-care" means any child day care facility other than a family day care
home and includes infant centers, preschools, extended day care facilities, and school-
age child care centers.
K. "Distribution" has the same meaning as that term is defined by Section
26001(r) of the California Business and Professions Code.
L. "Enclosed locked structure" means a structure that(1) does not allow for
the visibility of the interior from the outside; (2) is secured with a non-residential lock; (3)
is completely surrounded on all sides by a wall (i.e., fully enclosed); and (4)' is roofed.
Enclosed locked structures may include greenhouses, provided that only the roof of the
greenhouse is made of transparent glass. All enclosed locked structures shall comply
with the city and state building codes, city and state fire codes, and all other applicable
laws.
M. "Good cause" for purposes of denying an initial license under this chapter,
for revoking a permit, or for denying a permit renewal or reinstatement, means at least
one.of the following:
1. The applicant has not obtained approval by the city council of a
development agreement setting forth the general terms for the operation of a business
under this chapter or a licensee breaches the terms of an applicable development
agreement.
2. The applicant or licensee has violated any of the terms, conditions,
or provisions of this chapter, state law, any regulations promulgated under.state law,
any applicable local ordinances or rules, or any special terms or conditions placed upon
its state license, local license, or permit;
3. The licensed premises has been or is operated in a manner that
adversely affects the public health, safety, or welfare of the immediate neighborhood in
which the establishment is located;
4. The applicant or licensee has knowingly made false statements,
misrepresentations or material omissions on an application form, renewal form, or any
other document submitted to the City;
5. The applicant or licensee's criminal history does not indicate that
the applicant or licensee is of good moral character; or the applicant or licensee has
been convicted of an offense that is substantially related to the qualifications, functions,
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or duties of the business or profession for which the application is made, except that, if
the local licensing authority has issued a local license to the applicant or licensee, the
City shall not consider any criminal history of the applicant or licensee that was
disclosed to or discovered by the local licensing authority prior to the issuance of the
local license and is confirmed by the applicant. For any criminal history that was not
disclosed to or discovered by the local licensing authority prior to the issuance of the
local license or that arose after the issuance of the local license, the City shall conduct a
thorough review of the nature of the crime, conviction, circumstances, and evidence of
rehabilitation of the applicant or licensee and shall evaluate the suitability of the
applicant or licensee to be issued a permit based on the evidence found through the
review. In determining which offenses are substantially related to the qualifications,
functions, or duties of the business or profession for which the application is made, the
City shall consider the factors as set forth in Section 26057(b)(4) of the California
Business and Professions Code;
6. The applicant or licensee is employing or allowing to volunteer any
person whose criminal history indicates that person is not of good moral character;
7. The applicant or licensee fails to allow inspection of the security
recordings, activity logs, or business records of the licensed premises by city officials; or
8. An applicant or licensee is a licensed physician providing written
recommendations to patients for cannabis.
N. "Good moral character" means having a personal history that
demonstrates the propensity to serve the public in the licensed area in a manner that
reflects openness, honesty, fairness, and respect for the rights of others and for the law.
In determining good moral character, the following standards apply:
1. A judgment of guilt in a criminal prosecution or a judgment in a civil
action shall not be used, in and of itself, as proof of an individual's lack of good moral
character. Such judgment may be used as evidence in the determination, and when so
used, the individual shall be notified and shall be permitted to rebut the evidence by
showing that, at the current time, he or she has the ability to and is likely to serve the
public in a fair, honest and open manner, that he or she is rehabilitated, or that the
substance of the former offense is not substantially related to the occupation or
profession for which he or she seeks to be licensed.
2. Notwithstanding Chapter 2 of Division 1.5 of the California Business
and Professions Code, a prior conviction where the sentence, including any term of
probation, incarceration, or supervised release is completed for possession of,
possession for sale, sale, manufacture, transportation, or cultivation of a controlled
substance, is not considered substantially related, and shall not be the sole ground for
denial of a local license, except that any of the following convictions shall be deemed
substantially related and may be the sole grounds for denying a local license or permit:
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a. A felony conviction for hiring, employing, or using a minor in
transporting, carrying, selling, giving away, preparing for sale, or peddling, any
controlled substance; or
b. A felony conviction for selling, offering to sell, furnishing,
offering to furnish, administering, or giving any controlled substance to a minor; or
c. A felony conviction for drug trafficking with enhancements
pursuant to Section 11370.4 or 11379.8 of the California Health and Safety Code.
d. Conviction for any controlled substance felony subsequent to
issuance of a permit shall be grounds for revocation of a permit or denial of the renewal
of a permit.
0. "Immature cannabis plant" means a cannabis plant, whether male or
female, that has not yet flowered and that does not yet have buds that are readily
observed by unaided visual examination. This is distinguished from a "mature" plant,
which has flowered and has buds.
P. "Licensed Premises" means the designated area on a single or
immediately adjoining parcel(s), as identified by valid street address and Assessor
Parcel Number, specified in an application for a permit under this chapter, which is
owned or in the possession of the applicant or licensee and within which the applicant
or licensee is applying for authorization to cultivate, manufacture, distribute,•test, or is
applying for multiple permitted uses, in accordance with the provisions of this chapter,
the MAUCRSA, any development agreement approved by city council, and any rules
adopted pursuant thereto.
Q. "Licensee" means a person who has been issued a commercial cannabis
business permit under this chapter for a Licensed Premises.
R. "Limited access area" means a building, room, or other area that is part of
the licensed premises whose access is limited to certain authorized persons.
S. "Manufacture" means to compound, blend, extract, infuse, or otherwise
make or prepare a cannabis product.
T. "Manufacturer" means a licensee that conducts the production,
preparation, propagation, or compounding of cannabis or cannabis products either
directly or indirectly or by extraction methods, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis at a fixed location
that packages or repackages cannabis or cannabis products or labels or relabels its
container.
U. "Medicinal cannabis" has the same meaning as that term is defined by
Section 26001(ai) of the California Business and Professions Code.
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V. "Medical cannabis business" means any person engaged in commercial
cannabis activity.
W. "Medicinal and Adult-Use Cannabis Regulation and Safety Act" or
"MAUCRSA" means Division 10 of the California Business and Professions Code.
"Outdoors" means any location within the City that is not within an enclosed
structure.
Y. "Owner" means any of the following, pursuant to Section 26001(al) of the
California Business and Professions Code:
1. A person with an aggregate ownership interest of 20 percent or
more in the person applying for a license or a licensee, unless the interest is solely a
security, lien, or encumbrance.
2. The chief executive officer of a nonprofit or other entity.
3. A member of the board of directors of a nonprofit.
4. An individual who will be participating in the direction, control, or
management of the person applying for a license.
Z. "Person" has the same meaning as that term is defined by Section
26001(an) of the California Business and Professions Code.
AA. "Permit" means a "cannabis permit" that authorizes an entity to conduct
commercial cannabis activity under this chapter.
BB. "Physician" as used in this chapter, shall mean an individual who
possesses a license in good standing to practice medicine or osteopathy from the State
of California.
CC. "State law" means and include California Health and Safety Code Section
11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections
11362.7 to 11362.83 (Medical Marijuana Program Act); the California Attorney
General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical
Use issued in August, 2008, as such guidelines may be revised from time to time by
action of the Attorney General; MAUCRSA, and all other applicable laws of the state of
California.
DD. "State license" has the same meaning as that term is defined by Section
26001(y) of the California Business and Professions Code.
EE. "State licensing authority" shall mean the Bureau of Cannabis Control
within the State Department of Consumer Affairs, the State Department of Public
Health, State Department of Food and Agriculture, or any other State agency
responsible for the issuance, renewal, or reinstatement of a State license issued
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pursuant to Division 10 of the California Business and Professions Code or any state
agency authorized to take disciplinary action against such local license.
FF. "Written documentation" shall have the meaning set forth in Section
11362.7(i) of the California Health and Safety Code.
GG. "Youth center" means any public or private facility that is primarily used to
host social activities for minors, including, but not limited to, social service teenage club
facilities, video arcades, or similar amusement park facilities.
127.03: Relationship to Other Laws
Except as otherwise specifically provided herein, this chapter incorporates the
requirements and procedures set forth in Division 10 (commencing with Section 26000)
of the California Business and Professions Code. In the event of a conflict between the
provisions of this chapter and state statutes or regulations, State law controls.•
127.04: Outdoor Cultivation
It is hereby declared to be unlawful, a public nuisance, and a violation of this
chapter for any person owning, leasing, occupying, or having charge or possession of
any parcel within any zoning district in the City to use or allow such premises to be used
for the outdoor cultivation of cannabis plants.
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127.05: Permitted Use
A. Cannabis businesses shall only be permitted to operate in the city
following issuance of a Permit approved by the City Council or staff designee and a
business license issued by the City in accordance with the criteria and procedures set
forth in Chapter 127 of this code and in compliance with the Baldwin Park Municipal
Code. No land-use entitlement, permit (including building permit) approval, site plan,
certificate of occupancy, zoning clearance, or other land-use authorization fora medical
cannabis business shall be granted or permitted unless it complies with the provisions
of this chapter and the applicable building standards and the Baldwin Park Municipal
Code. If there is a conflict between the requirements of another chapter in the Code and
this chapter, the requirements of this Chapter 127 prevail.
B. All persons who are engaged in or who are attempting to engage in
commercial cannabis activity in any form shall do so only in strict compliance with the
terms, conditions, and restrictions of the MAUCRSA, regulations promulgated under
MAUCRSA, the provisions of this Chapter 127, and all other applicable state and local
laws.
C. The Chief Executive Officer is authorized to make policies and procedures
consistent with the intent and spirit of this chapter concerning the applications, the
application process, the information required of applicants, the application procedures,
and the administration and procedures to be used and followed in the application and
process.
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127.06: Development Agreement Required
Prior to operating in the City and as a condition of issuance of a Permit, the
applicant shall enter into a development agreement with the City setting forth the terms
and conditions under which the facility will operate that is in addition to the requirements
of this chapter, including, but not limited to, public outreach and education, community
service, payment of fees and other charges as mutually agreed upon, approval of
architectural plans (including site plan, floor plan, and elevation, to conform with
manufacturing uses under the Baldwin Park Municipal Code), and such other terms and
conditions that will protect and promote the public health, safety, and welfare of all
persons in the City.
127.07: Permitted Zones: Distance and Other Conditions for Approval
No more than 15 (fifteen) Licensed Premises for each permitted use may be
allowed, maintained, or operated in the City at any time. If there is a conflict between
the requirements of this chapter and any other chapter, the requirements of this chapter
shall prevail.
A. Manufacturing Site.
1. No manufacturing shall be located within 600 feet of a school,
day-care center, or youth center or within 50 feet of a residential zone. •
2. Subject to the distance and other requirements of this chapter and
the Code, a licensed premises may only be located on a property within the Industrial (I)
and Industrial-Commercial (I-C) zones, and following the application for and granting of
a development agreement by the city council and a business permit in accordance with
this chapter. The proposed use shall comply with the minimum requirements set forth in
this chapter for distance separations between manufacturing sites and other specific
land uses.
3. All manufacturing of cannabis shall occur in an enclosed structure.
4. Licensed sites shall not exceed the 22,000 square feet authorized
pursuant to the controlling development agreement.
5. From a public right-of-way, there should be no exterior evidence of
the manufacturing of cannabis or manufactured cannabis except for any signage
authorized by this Code.
6. All licensed sites shall comply with the city's lighting standards
including, without limitation, fixture type, wattage, illumination levels, and shielding and
secure the necessary approvals and permits as needed.
7. All windows on the licensed premises of the manufacturing site
shall be appropriately secured and all cannabis securely stored.
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8. A licensed site, all operations conducted therein, and all equipment
used must be in compliance with all applicable state and local laws, including all
building, electrical, and fire codes.
9. If hazardous materials, flammable gas, flammable liquefied gas,
flammable and combustible liquids, or other flammable material, as those terms are
defined in CFC Section 202, are to be used in the processing of medical cannabis or
adult use, then the provisions of CFC Section 407 shall be applicable where hazardous
materials subject to permits under CFC Section 50 (Hazardous Materials) are located
on the licensed premises.
10. Storage, use, and handling of compressed gases in compressed
gas containers, cylinders, tanks and systems shall comply with CFC Chapter 53.
Partially full compressed gas containers, cylinders or tanks containing residual gases
shall be considered as full for the purposes of the controls required. Compressed gases
classified as hazardous materials shall also comply with CFC Chapter 50 for general
requirements and CFC Chapter 53 addressing specific hazards, including CFC Chapter
58 (Flammable Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC
Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC
Chapter 64 (Pyrophoric Materials). A manufacturer shall prevent, control and mitigate
dangerous conditions related to storage, use, dispensing, mixing and handling of
flammable and combustible liquids shall be in accordance with CFC Chapters 50 and
57.
11. Licensed sites are permitted under this chapter under a Group F-1
(Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new
construction shall be fire sprinkled per the Fire Code. For manufacturing sites that will
be sited in an existing structure, an automatic sprinkler system shall be provided
throughout all buildings containing a Group F-1 occupancy where one of the following
conditions exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than three stories
above grade plane.
c. The combined area of all Group F-1 fire areas on all floors,
including any mezzanines, exceeds 22,000 square feet.
• 12. Suitability of the proposed property. Proposed property possesses
air scrubbers or a filtration system capable of eliminating odors from escaping the
building or commitment to do so before operating.
B. Cultivation Sites.
1. No cultivation site shall be located within 600 feet of a school, day-
care center, park, or youth center, or within 50 feet of a residential zone.
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2. Subject to the distance and other requirements of this chapter and
the Code, a cultivation site may only be located on a property within the Industrial (I)
and Industrial-Commercial (I-C) zones, and following the application for and granting of
a development agreement by the city council and a business permit in accordance with
this chapter. The proposed use will comply with the minimum requirements set forth in
thischapter for distance separations between manufacturing sites and other specific
land uses.
3. All cultivation of cannabis shall occur in an enclosed locked
structure.
4. Cultivation sites shall not exceed the 22,000 square feet authorized
pursuant to the permit.
5. From a public right-of-way, there should be no exterior evidence of
the cultivation of medical and adult use cannabis except for any signage authorized by
this chapter.
6. All cultivation sites shall comply with the city's lighting standards
including, without limitation, fixture type, wattage, illumination levels, and shielding and
secure the necessary approvals and permits as needed.
7. All windows on the licensed premises of a cultivation site shall be
appropriately secured and all cannabis securely stored.
8. Areas where cannabis is cultivated are wet locations, and the
electrical system in such areas must comply with Title 8 of this code, Article 300.6(D) of
the National Electric Code, City and California building codes, fire codes, electrical
codes, and all other applicable laws.
9. Cultivation sites are under a Group F-1 (Factory • Industrial
Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to
be fire sprinkled under the Fire Code. For cultivation sites that will be sited in an existing
structure, an automatic sprinkler system shall be provided throughout all buildings
containing a Group F-1 occupancy where one of the following conditions exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than 3 stories above
grade plane.
c. The combined area of all Group F-1 fire areas on all floors,
including any mezzanines, exceeds 22,000 square feet.
10. In addition to a Manufacturing or Cultivation permit, a cannabis
business applicant may apply for another use as permitted by MAUCRSA, a
development agreement approved by City council, this chapter, and any rules adopted
pursuant thereto.
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11. Suitability of the proposed property. Proposed property possesses
air scrubbers or a filtration system capable of eliminating odors from escaping the
building or commitment to do so before operationg.
C. Distribution of Cannabis. A cannabis distribution Licensee may carry or
move cannabis within the city in accordance with MAUCRSA and State regulations.
D. Nonconforming Use. Any cannabis business or cannabis dispensary
established or operating in the city in violation of this Chapter or the ban established by
Part 10, of Chapter 153 Section 153.120.320 of the Baldwin Park Zoning Code, shall
not be considered a lawful or permitted nonconforming use, and no cannabis business
operating unlawfully is eligible for a cannabis business permit. Further, any such
unlawfully established cannabis business shall constitute a public nuisance subject to
abatement by the City, pursuant to Chapter 95, Section 95.09.
E. Distances. All distances specified in this section shall be measured in the
following manner:
1. For schools, day-care centers, parks, or youth centers, the distance
shall be measured in a straight line from the subject property line to the closest property
line of the lot on which the cannabis business is to be located without regard to
intervening structures.
2. For determining distance to residential zones, the distance shall be
measured from the nearest point of the parcel or property in a residential zone to the
closest property line of the lot on which the cannabis business is to be located without
regard to intervening structures.
F. Factors Considered for Permit Approval. Approval of a permit shall
take into account the safety of the public, including, but not limited to, the following
factors:
1. Suitability of the proposed property;
2. Suitability of security plan;
3. Suitability of business plan and financial record keeping;
4. Criminal history; •
5. Regulatory compliance history;
6. Good legal standing;
7. Community engagement;
8. Environmental impact; and
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9. Labor relations.
127.08: No Transfer or Change in Ownership or Location.
An owner of a cannabis business who obtains a permit under this chapter may
not sell, transfer, pledge, assign, grant an option, or otherwise dispose of his or her
ownership interest in the medical cannabis business covered by any permit issued
under this chapter.
127.09: Changing, Altering, or Modifying Licensed Premises
A. Persons permitted pursuant to the provisions of this chapter or those
making application for such permits, must demonstrate proof of lawful possession of the
Licensed Premises. Evidence of lawful possession consists of properly executed deeds
of trust, leases, or other written documents.
B. The Licensed Premises shall only be the geographical area that is
specifically and accurately described in executed documents verifying lawful
possession. No Licensee is authorized to relocate to other areas or units within a
building structure without first filing a change of location application and obtaining
approval from the city council, regardless of any possessory interest or right to
possession to such additional space. No Licensee shall add additional units or areas,
thereby altering the initially approved premises, without filing an application to modify
the Licensed Premises on forms prepared by the Chief Executive Officer and paying
any applicable processing fees.
C. Subletting Not Authorized. No Licensee is authorized to sublet any
portion of any Licensed Premises for any purpose, unless all necessary forms and
application to modify the existing location to accomplish any subletting have been
approved by the city council.
D. Application Required to Alter or Modify Licensed Premises. After
issuance of a permit, the licensee shall not make any physical change, alteration, or
modification of the Licensed Premises that materially or substantially alters the
premises, production estimates, or the usage of the premises from the plans originally
approved with the development agreement, without the prior written approval of the city
council or its designee. The Licensee whose premises are to be materially or
substantially changed is responsible for filing an application for approval on current
forms provided by the City.
E. What Constitutes a Material Change. Material or substantial changes,
alterations, or modifications requiring approval include, but are not limited to, the
following:
1. Any increase or decrease in the total physical size or capacity of
the location;
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Page 13
2. The sealing off, creation of, or relocation of a common entryway,
doorway, passage, or other such means of public ingress and/or egress, when such
common entryway, doorway, or passage alters or changes limited access areas, such
as the cultivation within the Licensed Premises;
3. The installation or replacement of electric fixtures or equipment, the
lowering of a ceiling, or electrical modifications made for the purpose of increasing
power usage to enhance cultivation activities.
F. Application. The city council or its designee may grant approval for the
types of changes, alterations, or modifications described herein upon the filing of an
application by the Licensee and payment of any applicable fee. The Licensee must
submit all information requested by the city council or its designee including but not
limited to documents that verify the following:
1. The Licensee will continue to have exclusive possession of the
premises, as changed, by ownership, lease, or rental agreement, and sole control of all
production; and
2. The proposed change conforms to any and all City restrictions
related to the time, manner, and place of regulation of the commercial cannabis activity.
127.10: Grounds for Denial of Permit: Additional Conditions Imposed
A. The Chief Executive Officer or designee may reject an application upon
making any of the following findings:
1. The applicant made one or more false or misleading statements or
omissions on the registration application or during the application process;
•
2. The applicant's business entity, if applicable, is not properly
organized in strict compliance pursuant to the applicable law, rules, and regulations;
3. The applicant fails to meet the requirements of this chapter or any
regulation adopted pursuant to this chapter;
4. The applicant's facility or its location is in violation of any building,
zoning, health, safety, or other provision of this Code, or of any state or local law or the
facility or its location is not permitted in the proposed area, or the issuing or continuation
of a permit would be contrary to the public health, welfare, safety, or morals;
5. The applicant, or any of its officers, directors, owners, managers, or
employees is under twenty-one (21) years of age;
6. The applicant, or any of its officers, directors, or owners, or any
person who is managing or is otherwise responsible for the activities of the Licensed
Premise, or any employee who participates in the dispensing, cultivation, processing,
manufacturing, delivery, or transporting of medical marijuana or who participates in the
Ordinance No. 1400
Page 14
daily operations of the medical and adult use marijuana facility, has been convicted of a
violent felony, a felony, or misdemeanor involving fraud, deceit, embezzlement, or moral
turpitude;
7. The applicant or any of its officers, directors, owners, or managers
is a licensed physician making patient recommendations for cannabis;
8. The applicant or any of its officers, directors, owners, or managers
has been sanctioned by the City, the State of California, or any county for unregistered
medical cannabis activities or has had a registration revoked under this chapter in the
three prior (3) years;
9. The applicant did not pay to the City the required application and
processing fees;
10. Good cause exists to deny the application, as defined in this
chapter.
11. Applicant's application does not reflect the purpose of this chapter,
to promote the health, safety, morals, and general welfare of residents and businesses
within the City.
•
127.11: Security
A. General Security Requirements
1. Security cameras shall be installed and maintained in good working
condition, and used in an on-going manner with at least 240 continuous hours of
digitally recorded documentation in a format approved by the Chief of Police and/or his
designee. The cameras shall be in use 24 hours per day, 7 days per week. The areas to
be covered by the security cameras include, but are not limited to, the storage areas,
manufacturing or cultivation areas, all doors and windows, and any other areas as
determined by the Chief of Police and/or his designee.
2. Entrances to any storage areas shall be locked at all times and
under the control of Licensee's staff.
3. The business entrance(s) and all window areas shall be illuminated
during evening hours. The applicant shall comply with the City's lighting standards
regarding fixture type, wattage, illumination levels, shielding, etc., and secure the
necessary approvals and permits as needed.
4. All windows on the Licensee's building shall be unopenable or
locked and all product securely stored.
5. Each Licensee shall implement a system to track the cultivation and
manufacturing of cannabis in order to prevent the Licensee from diiierting or
transporting cannabis to any location not authorized by state laws or any local law.
Ordinance No. 1400
Page 15
6. All waste and disposal containers shall be stored in a secure area
and be under the control of the Licensee's staff.
B. Security Alarm Systems - Minimum Requirements
1. Each Licensed Premises shall have a Security Alarm System,
installed by a licensed alarm company, that alerts the alarm monitoring company on all
premises entry points and windows.
2. Each Licensed Premises must be continuously monitored by an
alarm monitoring company.
3. The Licensed Premises shall maintain up-to-date records and
existing contracts on the premises that describe the location and operation of each
security alarm system, a schematic of security zones, the name of the licensed alarm
company, and the name of any vendor monitoring the premises.
4. Upon request, each Licensee shall make available to the Chief
Executive Officer or any state or local law enforcement agency, for a purpose
authorized by this chapter or state or local law enforcement purpose, all information
related to security alarm systems, recordings, monitoring, and alarm activity.
C. Lock Standards-Minimum Requirement. On all doors, the Licensee
shall ensure the use of commercial-grade, nonresidential door locks.
D. Video Surveillance Requirements:
1. Prior to exercising the privileges of a permit under this chapter, an
applicant must install fully operational video surveillance and camera recording system.
The recording system must record in digital format and meet the requirements outlined
in this Section.
2. All video surveillance records must be stored in a secure area that
is only accessible to the management staff of the Licensed Premises.
3. Video surveillance records and all recordings must be made
available upon request to the Chief of Police or any other state or local law enforcement
agency for a purpose authorized by this chapter or for any other state or local law
enforcement purpose.
4. Video surveillance records shall be held in confidence by all
employees and representatives of the Chief Executive Officer, except that the Chief of
Police or his designee may provide such records and recordings to a state or local law
enforcement agency for a purpose authorized by this Chapter or for a state or local law
enforcement purpose.
5. A sign shall be posted in a conspicuous place near each point of
public access that shall be not less than 12 inches wide and 12 inches high, composed
•
Ordinance No. 1400
Page 16
of letters not less than one inch in height, stating "All Activities Monitored by Video
Camera" or "These Premises Are Being Digitally Recorded" or otherwise advising all
persons entering the Licensed Premises that a video surveillance and camera recording
system is in operation at the Licensed Premises and recording all activity as provided in
this Chapter.
6. The Licensed Premises should use video surveillance equipment
and a camera system that can be accessed remotely 24 hours a day by the Baldwin
Park Police Department and the City, as specified in each development agreement.
E. Video Surveillance Equipment
1. Video surveillance equipment shall, at a minimum, consist of digital
or video recorders, cameras capable of meeting the recording requirements described
in this section, video monitors, digital archiving devices, and a color printer capable of
delivering still photos.
2. All video surveillance systems must be equipped with a failure
notification system that provides prompt notification to the Licensed Premises of any
prolonged surveillance interruption or the complete failure of the surveillance system.
3. Licensed Premises are responsible for ensuring that all surveillance
equipment is properly functioning and maintained so that the playback quality is suitable
for viewing and the surveillance equipment is capable of capturing the identity of all
individuals and activities in the monitored areas.
4. All video surveillance equipment shall have sufficient battery
backup to support a minimum of 4 hours of recording in the event of a power outage.
F. Placement of Cameras and Required Camera Coverage
1. Camera placement shall be capable of identifying activity occurring
within 20 feet of all points of ingress and egress and shall allow for the clear and certain
identification of any individual and activities on the Licensed Premises.
2. All entrances and exits to the facility shall be recorded from both
indoor and outdoor vantage points.
3. The system shall be capable of recording all pre-determined
surveillance areas in any lighting conditions. If the Licensed Premises has a cannabis
cultivation area, a rotating schedule of lighted conditions and zero-illumination can occur
as long as ingress and egress points to those areas remain constantly illuminated for
recording purposes.
4. Areas in which cannabis is grown, tested, cured, manufactured, or
stored shall have camera placement in the room facing the primary entry door at a
height that provides a clear, unobstructed view of activity without sight blockage from
lighting hoods, fixtures, or other equipment.
•
Ordinance No. 1400
Page 17
5. Cameras shall also be placed at each location where weighing,
packaging, transport, preparation, or tagging activities occur.
6. At least one camera must be dedicated to record the access points
to the secured surveillance recording area.
G. Location and Maintenance of Surveillance Equipment
1. Surveillance recording equipment must be housed in a designated
locked and secured room or other enclosure with access limited to authorized
employees, agents of the Chief Executive Officer, state or local law enforcement
agencies for a purpose authorized by this chapter or for any other state or local law
enforcement purpose, and service personnel or contractors.
2. The Licensee must keep a current list of all authorized employees
and service Personnel who have access to the surveillance system and/or room on the
Licensed Premises. Licensed Premises must keep a surveillance equipment
maintenance activity log on the Licensed Premises to record all service activity, with the
identity of the individual(s) performing the service, the service date and time, and the
reason for service to the surveillance system.
3. Off-site monitoring and video recording storage of the Licensed
Premises or by an independent third-party is authorized as long as standards exercised
at the remote location meet or exceed all standards for on-site monitoring.
4. Each Licensed Premises located in a shared building must have a
separate surveillance room/area that is dedicated to that specific Licensed Premises. All
minimum requirements for equipment and security standards as set forth in the section
apply to the review station.
H. Video Recording and Retention Requirements
1. All camera views of all recorded areas must be continuously
recorded 24 hours a day.
2. All surveillance recordings must be kept for a minimum of 90 days
and. be in a format that can be easily accessed for viewing on premises. Video
recordings must be archived in a format that ensures authentication of the recording as
legitimately-captured video and guarantees that no alteration of the recorded image has
taken place.
3. The surveillance system or equipment must have the capabilities to
produce a color still photograph from any camera image, live or recorded.
4. The date and time must be embedded on all surveillance
recordings without significantly obscuring the picture.
Ordinance No. 1400
Page 18
5. Time is to be measured in Pacific Standard Time in accordance
with the U.S. National Institute of Standards and Technology.
6. After the 90-day surveillance video retention schedule has lapsed,
surveillance video recordings must be erased or destroyed prior to being discarded or
disposed of for any other purpose. Surveillance video recordings may not be destroyed
if the Licensed Premises knows or should have known of a pending criminal, civil, or
administrative investigation or any other proceeding for which the recording may contain
relevant information.
I. Other Records
All records applicable to the surveillance system and cannabis tracking system
shall be maintained on the Licensed Premises. At a minimum, Licensed Premises shall
maintain a map of the camera locations, direction of coverage, camera numbers,
surveillance equipment maintenance activity log, user authorization list, and operating
instructions for the surveillance equipment.
J. Suitability of Security Plan
•
The Applicant's security plan includes the presence of security personnel on
• premises or patrolling the premises twenty-four (24) hours per day.
127.12: Fees and Charges.
A. Prior to operating in the City, the operator of each Licensed Premises shall
timely and fully pay all fees associated with the establishment of that business. The fees
shall be as set forth in the schedule of fees and charges established by resolution of the
city council, including, but not limited to, the following:
1. Application fee for accepting a registration application, due and
payable in full at the time an application is submitted;
2. Processing fee for the cost to the city of processing an application
and reviewing, investigating, and scoring each application in accordance with any
evaluation system to determine eligibility for issuance of a Permit, due and payable in
full at the time a registration application is submitted;
3. Permit issuance fee for the cost to the City of preparing a
development agreement, city council review and approval of the development
agreement and the Permit, and preparation and issuance of the Permit as authorized by
the city council, due and payable in full at the time the city issues a Permit;
4. Amended registration fee for the cost to the city of reviewing
amendments or changes to the registration form previously filed on behalf of the
Licensed Premises; due and payable in full at the time amendments or changes to any
Permit form is submitted to the city;
Ordinance No. 1400
Page 19
5. Permit renewal fee for the cost to the city of processing an
application to renew a Permit; due and payable in full at the time application is made to
renew a Permit;
6. Any fees for inspection or investigation that are not included within
the other fees associated with registration, due and payable in full upon request of the
city; and
7. Any fees set forth in the applicable development agreement.
127.13: Limitations on City's liability
A. To the fullest extent permitted by law, the City does not assume any
liability whatsoever, with respect to approving any permit pursuant to this chapter or the
operation of any cannabis facility approved under to this chapter.
B. As a condition of approval of a permit as provided in this chapter, the
applicant or its legal representative shall do the following:
• 1. Execute an agreement indemnifying the City from any claims,
damages, injuries, or liabilities of any kind associated with the registration or operation
of the cannabis facility or the prosecution of the cannabis facility or its owners,
managers, directors, officers, employees, or its qualified patients or primary caregivers
or customers for violation of federal or state laws;
2. Maintain insurance in the amounts and of the types that are
acceptable to the City Council or designee;
•
3. Name the City as an additional insured on all City-required
insurance policies;
4. Agree to defend, at its sole expense, any action against the City, its
agents, officers, and employees related to the approval of the Licensee's regulatory
permit; and
5. Agree to reimburse the City for any court costs and attorney fees
that the city may be required to pay as a result of any legal challenge related to the
city's approval of the Licensee's regulatory permit. The City may, at its sole discretion,
participate at its own expense in the defense of any such action, but such participation
shall not relieve the operator of its obligation hereunder.
127.14. Inspections
A. The Chief Executive Officer, law enforcement, or their designees shall
have the right to enter all Licensed Premises from time to time unannounced during the
facility's hours of operation for the purpose of making reasonable inspections to observe
and enforce compliance with this chapter, to inspect and copy records required to be
maintained under this chapter, or to inspect, view, and copy recordings made by
Ordinance No. 1400
Page 20
security cameras, all without requirement for a search warrant, subpoena, or court
order, and subject to appropriate fees as specified in the development agreement.
B. Operation of a Licensed Premises in noncompliance with any conditions of
approval or the provisions of this chapter shall constitute a violation of the Code and
shall be enforced pursuant to the provisions of this Code.
C. The Chief Executive Officer or designee may summarily suspend or
revoke a Permit, or disqualify an applicant from the registration process, or elect not to
renew a regulatory permit if any of the following, singularly or in combination, occurs:
1. The Chief Executive Officer or designee determines that the
cannabis facility has failed to comply with any requirement of this chapter or the
approved development agreement or any condition of approval or a circumstance or a
situation has been created that would have permitted the Chief Executive Officer or
designee to deny the regulatory permit under this chapter or elect not to renew or
revoke the permit under this chapter;
2. The Licensee or applicant has conducted itself or is being
conducted in a manner that creates or results in a public nuisance;
3. The Licensee Premises ceased operations for more than 90
calendar days, including during change-of-ownership proceedings;
4. Ownership is changed without the new owners applying for and
securing a new permit under this chapter;
5. The Licensee relocates to a different location or premises; or
6. The Licensee fails to allow inspection or copying of the security
recordings or, the activity logs or records required to be kept under this chapter or
denies entry to the premises to city officials authorized to inspect the premises.
D. Abatement
The City shall initiate abatement proceedings as authorized by the Code if
necessary to correct any violation of this chapter or Code.
E. Violation Deemed Misdemeanor: Penalty
Any person violating any of the provisions of this chapter or any applicable rule in
this chapter or Code shall be guilty of a misdemeanor, and upon conviction thereof shall
be punishable by the maximum penalties provided for in the Penal Code section 19.
127.15: Public Nuisance Prohibited
It is hereby declared to be unlawful and a public nuisance for any person owning,
leasing, occupying, or having charge of any parcel within the City to create a public
Ordinance No. 1400
Page 21
nuisance in the course of cultivating cannabis or any part thereof in any location, indoor
or outdoor. A public nuisance may be deemed to exist if such activity produces one or
more of the following:
A. Odors which are disturbing to people of reasonable sensitivity or present
on adjacent or nearby property or areas open to the public.
B. Repeated responses to the Premises by law enforcement personnel.
C. A repeated disruption to the free passage of persons or vehicles in the
neighborhood, excessive noise which is disturbing to people of normal sensitivity on
adjacent or nearby property or areas open to the public.
D. Any other impacts on the neighborhood that are disruptive of normal
activity in the area including, but not limited to, grow lighting visible outside the dwelling,
excessive vehicular traffic or parking occurring at or near dwelling, and excessive noise
emanating from the dwelling.
E. Outdoor growing and cultivation of cannabis.
127.16: Appeals
Any decision regarding or pertaining to the permit process set forth in this
chapter, or any action taken by the Chief Executive Officer or designee pursuant hereto,
may be appealed to the city council. Such appeal shall be taken by filing with the city
clerk, within ten (10) days after notice of the action or decision complained of has been
issued, a written statement setting forth the grounds for the appeal. The city clerk shall
transmit the written statement to the city council, and at its next regular meeting, the
council shall set a time and place for a hearing on the appeal. Notice of the time and
place of such hearing shall be mailed to the appellant. The decision of the city council
on such appeal shall be final and binding on all parties concerned.
127.17: Statewide Regulation.
This chapter, and the provisions herein, shall be read consistent with any
statewide regulation of cannabis now and in the future.. This ordinance shall govern the
conduct of a business allowed to operate a commercial cannabis activity in the City.
127.18: Interpretation.
The provisions of this chapter shall be read to be consistent with State laws, this
chapter, and this Code. At no time shall a commercial cannabis business in compliance
with state law and this Code be deemed to be an unlawful business.
Ordinance No. 1400
Page 22
127.19: Severability.
Should any provision of this chapter, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this chapter or the application of this chapter to any other person or
circumstance, and the provisions of this chapter are severable.
SECTION 3. Except as expressly modified pursuant to this Ordinance, all other
provisions of the Municipal Code, except where expressly modified by ordinance, shall
remain unmodified and in full force and effect. All ordinances in conflict with the
provisions hereof are superseded to the extent of such conflict.
SECTION 4. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have adopted this ordinance, and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion or the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. This Ordinance shall be effective thirty (30) days after its
enactment.
•
PASSED AND APPROVED ON THE l(f),i iday of At. , 2017
ANUEL LOZANO, MAYOR
ATTE :
„ ,AMM4
AL JA D'A AVILA,
CITY CLEK •
Ordinance No. 1400
Page 23
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the
foregoing ordinance was regularly introduced and placed upon its first reading at a
Staff meeting of the City Council on August 10, 2017. Thereafter, said Ordinance No.
1400 was duly approved and adopted at a regular meeting of the City Council on
August 16, 2017 by the following vote:
Cruz Baca, Manuel Lozano, Ricardo Pacheco,
AYES: COUNCILMEMBER:Susan Rubio
NOES: COUNCILMEMBER:Monica Garcia
ABSENT: COUNCILMEMBER:No
ABSTAIN: COUNCILMEMBER:Non /
•
//ñI41L
ALEJA AVILA,
CITY CLERK